Does Louisiana Allow Transfer on Death Deeds?

Why TOD deeds aren't available in Louisiana

Louisiana's civil-law system does not recognize TOD deeds for real property. Under La. C.C. Art. 1570, a disposition mortis causa may be made only in the form of a testament authorized by law, which excludes non-testamentary instruments like TOD deeds.

Louisiana is a civil-law jurisdiction with forced-heirship rules, and its Civil Code channels every transfer taking effect at death through the law of testaments: La. C.C. Art. 1570 limits mortis causa dispositions to authorized testament forms, and La. C.C. Art. 1839 requires a transfer of immovable property to be made by authentic act or by act under private signature. The only Louisiana TOD-style statute is the Uniform Transfer on Death Security Registration Act, La. R.S. 9:1711 through 9:1711.9 (Act 167 of 2021), which applies only to movable securities and expressly excludes any "share, participation, or other interest in immovable property." Louisiana does not recognize a TOD or beneficiary designation on a motor-vehicle certificate of title either: Title 32 carries no such provision, and a deceased owner's vehicle passes by succession through the Office of Motor Vehicles procedure under La. R.S. 32:707.1 ("Deceased persons; titles to vehicles"). SimplyTrust's TOD deed product is gated to TOD-eligible states; LA is correctly excluded.

Alternatives for Louisiana

These mechanisms transfer real property at death without probate in Louisiana:

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  Revocable living trust (inter vivos trust)
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  Donation inter vivos with reservation of usufruct (naked-ownership donation)
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  Joint ownership / ownership in indivision

Consult a licensed attorney for help choosing the right mechanism for your situation.